Antony Kim

Antony Kim

Orrick, Herrington & Sutcliffe LLP

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FCC Privacy Regulations: The Next Litigation Trend?

Last month the Federal Communications Commission (“FCC”) closed the comment period for its proposed privacy regulations, which we previously wrote about here. The million dollar question on everyone’s minds is whether the...more

6/21/2016 - Broadband Data Collection FCC Mobile Broadband Services Privacy Rule Recordkeeping Requirements Wireless Industry

Treasury Cites Cyber Challenges for Online Marketplace Lending Industry

On May 10, 2016, the United States Department of Treasury (Treasury) became the latest federal agency to highlight the importance of cybersecurity in the financial services industry. In its white paper, which follows last...more

5/19/2016 - Banking Sector Consumer Lenders Cybersecurity Financial Services Industry Incident Response Plans Online Marketplace Lending Peer-to-Peer White Paper

7th Circuit Revives P.F. Chang’s Data Breach Class Action Suit

Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more

4/21/2016 - Class Action Corporate Counsel Data Breach Identity Theft Neiman Marcus Notification Requirements Personally Identifiable Information PF Chang's Popular Standing

Two Years to Get Ready – GDPR Adopted

After 4 years of negotiation, today the European Parliament adopted the General Data Protection Regulation (“GDPR“). In doing so, it signaled the end of the EU approval process and put businesses on alert that they now have...more

4/15/2016 - Data Breach Data Privacy Data Security EU EU Data Protection Laws General Data Protection Regulation (GDPR) International Data Transfers Personal Data

Tennessee Amends Breach Notice Statute: Sets Notice Deadline, Eliminates Encryption Safe Harbor

Tennessee recently amended its data breach notification law, and in doing so, it has joined the ranks of states like Florida, Ohio, and Wisconsin that require notification to residents of a data breach within a defined time...more

4/4/2016 - Amended Legislation Corporate Counsel Cyber Attacks Data Breach Data Protection Encryption Notification Requirements Personally Identifiable Information Risk Management

Is Cyberinsurance the Chicken or the Egg?

The insurance industry has been making the case to Congress that cyberinsurance can be a path to good security practices, encouraging different groups inside an organization to better communicate with one another. The process...more

3/29/2016 - Cyber Attacks Cyber Insurance Cybersecurity Data Protection Hackers Insurance Industry Risk Management

Internet Providers on Notice: Draft Privacy Regulations Coming Soon

This month, the Federal Communications Commission (FCC) will consider issuing a Notice of Proposed Rulemaking (NPRM) for privacy regulations that will apply to broadband providers.  The goals and objectives of the proposed...more

3/16/2016 - Breach Notification Rule Broadband Communications Act of 1934 Data Security FCC Internet Service Providers (ISPs) NPRM Telecommunications

CFPB Jumps Into Cyber Enforcement Pool

In a much anticipated move, on March 2, 2016, the Consumer Financial Protection Bureau (CFPB) entered the cybersecurity foray with its first enforcement action against Dwolla, Inc., an online payment processing start-up. ...more

3/10/2016 - CFPB Consent Order Data Security Dodd-Frank Dwolla Online Payments Personally Identifiable Information UDAAP Unfair or Deceptive Trade Practices

Biometrics: A Fingerprint for Privacy Compliance, Part I

In just the last week, the New York State DMV announced an upgrade to facial recognition software to catch identity thieves trying to obtain fraudulent driver’s licenses, and the Scottish Professional Football League was...more

3/4/2016 - Biometric Information Data Collection Data Protection Facial Recognition Technology FTC

EU-U.S. Privacy Shield is Go…nearly

On 29 February 2016 the European Commission issued the legal texts of the EU-U.S Privacy Shield which aims to replace the defunct EU-U.S Safe Harbor Framework as a legitimate mechanism for transferring personal data from the...more

3/2/2016 - EU EU-US Privacy Shield European Commission FTC International Data Transfers Personal Data Transparency US-EU Safe Harbor Framework

FinCEN to Financial Institutions: Include Cyber Data in Suspicious Activity Reports (SARs)

As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery...more

2/5/2016 - Banking Sector Cybersecurity Financial Institutions FinCEN Information Sharing Reporting Requirements Suspicious Activity Reports

Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US...more

2/3/2016 - Article 29 Working Party (WP29) Data Protection EU EU-US Privacy Shield FTC International Data Transfers Ombudsman Personal Data Popular Safe Harbors

Supreme Court Issues CFAA decision in Michael Musacchio v. United States

On Monday, January 25th, the Supreme Court issued the most recent Computer Fraud and Abuse Act decision in Michael Musacchio v. United States. After leaving his employer to start his own company, the defendant (a former...more

1/29/2016 - Computer Fraud and Abuse Act (CFAA) Corporate Counsel Data Security SCOTUS Unauthorized Access Work Computer

FTC Enforcement in Schein: Misleading Statements about Encryption and Cybersecurity

On January 5, 2015, the Federal Trade Commission (FTC) entered into a consent order with dental software manufacturer Henry Schein Practice Solutions, Inc. ("Schein") in connection with allegations that Schein had made...more

1/26/2016 - Cybersecurity Dental Practice Encryption FTC HIPAA Misleading Statements Popular Software Developers

China Passes (De) Encryption Cyber Law

On December 27, 2015, the Standing Committee of the National People's Congress, China's national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law's...more

1/12/2016 - China Counter-Terrorist Cybersecurity Framework Encryption Internet Service Providers (ISPs) New Legislation Popular Telecommunications

Germany Permits Consumer Protection Associations to File Class Actions for Violations of Data Protection Law

On December 17, 2015, the German Parliament passed a new act which permits consumer protection associations, industry and commerce chambers or other approved business associations to file privacy class actions. The law is...more

1/7/2016 - Class Action Data Breach Data Privacy Germany Privacy Laws

FTC and Wyndham Call a Truce

Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more

12/21/2015 - Cybersecurity Data Breach FTC Act FTC v Wyndham Personal Data Section 5 Settlement Unfair or Deceptive Trade Practices

EU Reaches Agreement On New Data Protection By Laws

After nearly 4 years of negotiations, yesterday evening the EU reached agreement on the final provisions of its new data protection laws. With it, a new era of data protection has been ushered in that will have far reaching...more

12/16/2015 - Data Processors Data Protection EU Personal Data Reporting Requirements

A Great Leap Forward: EU Soon to Have Broad Rules on Cybersecurity and Incident Reporting

On December 7, 2015, more than two and a half years after the first draft, the European Union Council finally reached an important, informal agreement with the Parliament on important network and information security rules...more

12/16/2015 - Cyber Incident Reporting Cybersecurity EU Germany Incident Response Plans Information Security

FTC/FCC MOU: Even the Justice League Needs It In Writing

On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave...more

11/30/2015 - Collaboration Common Carriers Data Security FCC FTC Popular

EU Commission to Update Decisions Authorising Personal Data Transfers to Certain Countries Outside the EU

Last Friday (6 November 2015) the EU Commission issued a communication on the transfer of personal data from the EU to the US under the Data Protection Directive following the judgment by the Court of Justice in the Schrems...more

11/13/2015 - Data Protection Authority European Court of Justice (ECJ) International Data Transfers Personal Data US-EU Safe Harbor Framework

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

10/27/2015 - Article 29 Working Group Binding Corporate Rules Cloud Computing Cybersecurity Data Privacy Data Protection Authority European Commission European Court of Justice (ECJ) Germany International Data Transfers Personal Data Privacy Laws Right to Privacy Safe Harbors US-EU Safe Harbor Framework

5 Popular Cybersecurity Writers to Follow Right Now

For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more

10/23/2015 - Corporate Counsel Cybersecurity Data Breach Data Protection Popular

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